2141 LLC v Slatin

[*1] 2141 LLC v Slatin 2007 NY Slip Op 51098(U) [15 Misc 3d 142(A)] Decided on May 30, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 30, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, J.P., Davis, J.
570486/06

2141 LLC, Petitioner-Respondent, - -

against

Herb Slatin, et al., Respondent-Appellant,

Respondent Slatin, as limited by his brief, appeals from (1) an order of the Civil Court of the City of New York, Bronx County (Paul Alpert, J.), dated November 30, 2004, which denied his motion to dismiss the petition; (2) an order (same court and Judge), dated January 7, 2005 which, upon reargument, set the matter down for a traverse hearing; and an order of the same court (Arlene H. Hahn, J.), dated January 30, 2006, which, inter alia, denied a renewed motion to dismiss the proceeding.

Per Curiam.

Orders (Paul Alpert, J.) dated November 24, 2004 and January 7, 2005, and order (Arlene H. Hahn, J.), dated January 30, 2006, affirmed, with $10 costs.

Appellant's successive motions to dismiss the holdover petition were properly denied. Petitioner timely filed a copy of the underlying notice to cure and affidavit of service upon the Division of Housing and Community Renewal (see New York City Rent and Eviction Regulations [9 NYCRR] § 2204.3), and on this record, appellant failed to conclusively establish that petitioner accepted him as a tenant in his own right through the acceptance of rent or otherwise.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 30, 2007